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NCLAT

Latest Articles


Latest Case Law Related to IBC – January-Mar, 2024

Corporate Law : Explore recent Supreme Court rulings on dissenting creditor rights and set-off claims in insolvency cases. Detailed analysis of ke...

May 16, 2024 429 Views 0 comment Print

Latest Case Law Related to IBC – October to December 2023

Corporate Law : Explore significant legal developments, Supreme Court verdicts, and detailed analyses in the Q4 2023 newsletter. Stay informed on ...

February 19, 2024 1341 Views 0 comment Print

Fate of Employees, When Employers Faces IBC Proceedings : A Legal Analysis

Corporate Law : Explore the vital role of the Insolvency and Bankruptcy Code (IBC) in protecting employee rights during corporate insolvency, high...

February 11, 2024 1755 Views 0 comment Print

‘Shareholder’ cannot challenge Resolution Plan: NCLAT Chennai

Corporate Law : NCLAT rules shareholders have no standing to challenge resolution plans in insolvency cases, emphasizing creditors control and com...

February 9, 2024 777 Views 0 comment Print

Latest Case Law Related to IBC – July to September 2023

Corporate Law : Explore significant developments in Indian insolvency law with key cases from July to September 2023. Dive into legal analysis, ve...

October 31, 2023 759 Views 0 comment Print


Latest News


Notice inviting comments, by MCA, on review of rules prescribed under IBC 2016

Corporate Law : Join the discussion on MCA's proposed changes to Insolvency and Bankruptcy Code rules. Learn how to participate and share your ins...

April 19, 2024 645 Views 0 comment Print

NCLAT Checklist for Appeals under Companies Act, 2013 & IBC, 2016

Corporate Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Companies Act, 2013 & Insolvency and Bankruptcy Code, 2016...

April 10, 2021 1434 Views 0 comment Print

NCLAT Checklist for Appeals under Competition Act, 2002

Company Law : NATIONAL COMPANY LAW APPELLATE TRIBUNAL Checklist for Appeals under Competition Act, 2002 Appeals to be in the Form appended to â€...

April 10, 2021 885 Views 0 comment Print

FM inaugurates Chennai Bench of NCLAT

Company Law : Union Minister for Finance and Corporate Affairs Smt. Nirmala Sitharaman inaugurated the Chennai Bench of National Company Law App...

January 25, 2021 507 Views 0 comment Print

Revised SOP for Mentioning the matter for hearing through virtual mode before NCLAT

Company Law : National Company Law Appellate Tribunal Revised Standard Operating Procedure for Ld. Advocate/ Authorised Representative/Party-in-...

August 9, 2020 1086 Views 0 comment Print


Latest Judiciary


NCLT Upholds RP’s Stance on Malafide Assignment for Indirect CoC Representation

Corporate Law : NCLAT Delhi upholds NCLT decision against Rolta Private Limited's assignment agreement as malafide, prolonging CIRP process. Full ...

July 14, 2024 165 Views 0 comment Print

Pending Section 230 Companies Act Scheme Doesn’t Bar CIRP Admission: NCLAT

Company Law : Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key argument...

July 3, 2024 303 Views 0 comment Print

Creditors can file CIRP through a authorized Resolution Professional

Corporate Law : Explore the implications of creditors initiating insolvency proceedings against personal guarantors under Section 95(1) of IBC in ...

June 30, 2024 276 Views 0 comment Print

NCLT should not interfere with commercial wisdom of company’s stakeholders: NCLAT

Corporate Law : NCLAT Delhi rules NCLT lacks jurisdiction to modify appointed dates in commercial schemes once the Company Board approves. Read th...

June 21, 2024 444 Views 0 comment Print

Pre-existing dispute cannot be decided in a summary procedure: NCLAT Delhi

Corporate Law : Explore the NCLAT judgment in Sanjay Kumar vs. Gannon Dunkerley & Co, emphasizing NCLT's limited jurisdiction under IBC in cases o...

June 21, 2024 165 Views 0 comment Print


Latest Notifications


IBBI Suspends IP for Non-Compliance with NCLAT Directive and Delayed CoC Meetings during CIRP

Corporate Law : IBBI suspends IP for Failure to act during CIRP despite NCLAT directive and for Delay in convening Committee of Creditors (CoC) me...

June 6, 2024 231 Views 0 comment Print

IBBI suspends IRP for sharing asset memorandum with prospective bidders

Corporate Law : Read about the IBBI's disciplinary action against Mr. Venkata Sivakumar, an Interim Resolution Professional, for sharing asset mem...

April 9, 2024 312 Views 0 comment Print

NCLAT Job Vacancies for Judicial & Technical Members: Application Guide

Corporate Law : Govt issued a circular detailing vacancies for Judicial & Technical Members posts in NCLAT with detailed guide to apply for these...

June 6, 2023 846 Views 0 comment Print

Reporting to CICs – Report Cases admitted with NCLT/NCLAT under IBC 2016 – RBI

Fema / RBI : It is clarified that cases admitted with National Company Law Tribunal (NCLT)/National Company Law Appellate Tribunal (NCLAT) unde...

December 13, 2022 837 Views 0 comment Print

Govt appoints Judicial & Technical Members in NCLAT

Corporate Law : Central Government appoints Judicial and Technical Members in National Company Law Appellate Tribunal (NCLAT) for a period of four...

July 22, 2022 324 Views 0 comment Print


Doctrine of Fresh Slate and Essar Steel Ruling- A Case for Disputed Claims Post Resolution Plan

June 9, 2020 4857 Views 0 comment Print

Introduction The fundamental legislative intent behind the enactment of IBC has been the resolution of Corporate Debtors. Compared to previous laws, the distinguishing feature of the Code is that it does not to operate as a mere debt recovery route for creditors. The doctrine of fresh slate is of much significance in achieving the objective […]

NCLAT SOP for hearing through virtual mode wef 01.06.2020

June 1, 2020 1029 Views 0 comment Print

Standard Operating Procedure for Ld. Advocate/ Authorised Representative/Party-in-Person for Mentioning the matter for hearing through virtual mode In order to contain the spread of Coronavirus (COVID-19), and after considering the various instructions and advisories relating to coronavirus control and lockdown issued by the Government, Hon’ble Acting Chairperson, NCLAT has decided that all urgent cases will […]

Apprehension of bias is valid ground to substitute IRP: NCLAT

May 22, 2020 714 Views 0 comment Print

State Bank of India Vs Metenere Ltd. (NCLAT) The fact that the proposed ‘Resolution Professional’ Mr. Shailesh Verma had a long association of around four decades with the ‘Financial Creditor’ serving under it and currently drawing pension coupled with the fact that the ‘Interim Resolution Professional’ is supposed to collate all the claims submitted by […]

Is apprehension of bias a valid ground to substitute IRP

May 22, 2020 2517 Views 0 comment Print

NCLAT concluded that the apprehension of bias expressed by the ‘Corporate Debtor’ qua the appointment of Verma as proposed IRP is valid and cannot be dismissed. Further, it contended that the NCLT order was justified in seeking substitution of Verma to ensure that CIRP is conducted in a fair and impartial manner.

Limitation In Case of Equitable Mortgage Under IBC

May 8, 2020 26442 Views 0 comment Print

NCLAT declined to accept the stand of the Financial Creditor that, Article 62 of the Limitation Act, will be applicable for counting limitation under Section 7 of the IBC and further held that only Article 137 of the Limitation will be applicable on the Application under Section 7, 9 and 10 of the IBC.

Simultaneous Corporate Insolvency Resolution Processes against Borrowers and Guarantors – A Feasible Approach?

April 10, 2020 4689 Views 0 comment Print

Introduction Indubitably, legal controversies lead to the ultimate improvisation of legislation. Likewise, Insolvency and Bankruptcy Code, 2016 (hereinafter IBC) has encountered a plethora of amendments to reach its upper state and incorporate a way to unravel the incessantly emerging disputes. While the Insolvency and Bankruptcy Code (Amendment) Act, 2020 is a commendable attempt to resolve […]

IBC 2016: Format of Demand Notice – Mandatory or Directory?

April 4, 2020 21678 Views 1 comment Print

NCLAT held it is not discretionary on the Operational Creditor to issue demand notice in form 3 or 4, issuance of the said form depend on the nature of transaction, like in the cases wherein invoice forms part of the transaction then FORM 4 has to be followed in other cases FORM 3 has to be followed.

Suo Moto NCLAT Delhi order under Insolvency, Competition & Company Law

March 30, 2020 1251 Views 0 comment Print

That the period of lockdown ordered by the Central Government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the Corporate Debtor may be located

AMMA violates anti-competitive conduct: NCLAT Delhi

March 13, 2020 918 Views 0 comment Print

‘Association of Malayalam Movie Artistes’ (AMMA), Film Employees Federation of Kerala’ (FEFKA), ‘FEFKA Director’s Union’ and ‘FEFKA Production Executive’s Union’ and their office bearers were found to be liable under Section 48 for violation of anti-competitive conduct.

Constitution of NCLAT Bench at Chennai

March 13, 2020 855 Views 0 comment Print

Central Government hereby constitutes another Bench of the National Company Law Appellate Tribunal (NCLAT) at Chennai to hear the appeals against the orders of the Benches of the National Company Law Tribunal (NCLT) having jurisdiction of Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Lakshadweep and Puducherry.

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